My acquaintance with the H-4 visa dates back to February 2002, when
I arrived in New Jersey as a married woman, with an H-4 visa and very
little understanding about the US immigration system. I was naive at
best, and ignorant to put it bluntly, when I assumed that my education,
work experience with multinational companies and proficiency in English
would soon fetch me a legal job in the US. It is the land of
opportunities after all, where hard work and talent is recognized. It
has been more than four years since then and I am still on an H-4 visa.
I am not eligible for a social security number or benefits, although we
pay social security tax; my visa status does not permit me to work, and
universities in New Jersey do not consider me for in-state tuition. One
more thing--I am not alone.

The current law allows 65000 aliens to come into the US with H-1B
visas as temporary workers in a specialized occupation every year. Most
of them bring their spouses on dependent H-4 visas. The H-4 visa has
three extremely significant conditions attached to it: it is completely
dependent on the marital relationship between the principal H-1B holder
and the dependent spouse. Secondly, it is entirely dependent on the
employment relationship between the principal H-1B worker and his/her
employer. If the principal H-1B is cancelled, the corresponding H-4 is
automatically voided. The third condition is that the H-4 visa does not
allow its carrier to work legally in the US. All of the above create a
situation that can be exploited by abusive partners with frightening
ease. If trapped in an abusive marriage, women who are dependent spouses
of H-1B workers have very few resources available to them. Without a
social security number and with a visa that is entirely derivative of
the status of the principal H-1B holder, the H-4 visa holders belong to
an invisible population. For women in nurturing relationships it often
translates to lack of career opportunities and an unequal relationship
where they are financially dependent upon their husbands.

The notion harbored by many South Asians--even among educated and
urban communities--that a woman suffering marital abuse will find
refuge, justice and opportunity in the US is therefore not entirely true
for H-4 visa holders. Under the Violence Against Women Act (VAWA),
victims of domestic violence who are married to legal permanent
residents or citizens of the US can submit a self-petition for their
legal residency in the US. However, there is no such provision offered
for victims of violence who have temporary dependent visas such as the
H-4 visa, since their husbands are temporary workers and have no
permanent residency in this country. In 2002 when President George Bush
signed a bill, which would allow dependent spouses of L and E visa
holders to get work authorization, no such provision was granted to H-4
visa holders.

The big question that comes to mind then is, what happens to such
women? They usually have three choices: they may decide to end the
abusive relationships and return to their home countries, where often no
justice can be served against the abusive partners. Most women do not
wish to return to their home countries because in the South Asian
context there persists immense social pressure and prejudice against
women who choose to end their marriages. The second choice is just as
dismal--if they stay on in the US and decide to leave their abusive
partners, they have no more legal status than that of an undocumented
alien. The third option is even more deplorable: they may endure the
abusive relationship despite needing and wanting relief, because the
other two options do not offer them justice. I work with many such
women, as an advocate, and it breaks my heart and enrages my conscience
every day.

As an advocate, empowerment of women is an integral part of my
work. I find it disturbing when the law of a free country stops a woman
from working and attaining economic independence, even if she wants to.
The law fails that woman every single hour and robs her of her
self-reliance. Economic independence was a concept drummed into my veins
since childhood and it still flows in them today. So what about all
those other women who are not victims of violence, but still suffer from
the perils of the H-4 visa status? if a woman is not battered or abused,
does that diminish the importance of economic independence for her? This
makes me wonder about the many levels of violence perpetrated against
women, often in carefully subtle tones. A visa restriction that stops a
woman from working, earning and being economically independent, in my
eyes, is one of those subtle violations of our rights. How can we try to
empower a woman while the law stops her from being financially
independent?

It is important that we feel enraged, that we seek justice and ask
the questions no one wants to answer, because that is what gives birth
to advocacy and paves the way for positive change. In 2004, Shivali
Shah, an attorney and founder of Kiran: Domestic Violence and Crisis
Service for South Asians in North Carolina, began a community survey of
H-4 visa holders. Kiran, like Manavi and other South Asian women's
organizations, had too many battered H-4 clients. Shivali surveyed
hundred H-4 women and ten South Asian women's organizations over
the last two years to raise awareness in the community and to lobby
legislators to change policies. Concerned that the needs of H-4 visa
holders would be again overlooked in the 2005 reauthorization of the
Violence Against Women Act (VAWA), Shivali and the H Visa Survey
(www.hvisasurvey.org) launched lobbying efforts and a media campaign to
educate policy makers and other social justice movements about the
plight of battered H-4 women. Her work was covered by the BBC, the
Washington Post, and India Abroad, among others. "It was important
for law makers and other key stake holders to view dependent immigrant
spouses, including H-4 visa holders, as a social and political
group," Shivali says of the purpose behind the awareness campaign.
"The media campaign helped create an identity for these women not
only to outsiders, but among themselves as well."

A report was sent to Congressmen and support was rallied among key
organizations to push for the inclusion of a provision for H-4 visa
holders in VAWA 2005. Manavi contributed data and testimonials to this
report. These efforts helped bring a new provision in the 2005 version
of the Violence Against Women Act (VAWA), which will assist battered
immigrant women with temporary dependent visas to get work
authorization. Under the new provision of VAWA 2005, victims of violence
who have derivative visas in A, E, G or H categories can get work
authorization if they can prove that violence had been perpetrated
against them.

Network of Advocates for Dependent Immigrant Spouses of America
(NADISA) was created in 2005, as another result of the lobbying and
media campaign. NADISA brought together immigrant and women's
advocates, attorneys, and academics to continue working towards
increased rights for dependent spouses of temporary visa holders.

VAWA 2005 is most definitely a step towards success, but we have
not won the battle yet. The regulations for this provision are yet to be
in place and we still have thousands of dependent spouses who may not be
battered, but deserve the right to work if they want to. The efforts
made by members of NADISA are not limited to victims of violence, and
much remains to be done for the remaining immigrant dependent women in
the US. Shivali stated that "It may seem counter intuitive to us,
but giving work authorization to H-4 visa holders, battered or not, is a
very unpopular idea to many Americans." NADISA is looking for more
volunteers to participate in spreading awareness and lobbying for
changes, which will enable dependent spouses to have more rights and
visibility in this country. To learn more about NADISA and the H Visa
Survey, please visit their website: http:// www.hvisasurvey.org. There
may not be quick resolutions or stunning victories, but our efforts will
always yield progress and we owe that to ourselves and to those who come
after us.

We would like to thank Shivali Shah for her valuable input towards
this piece.

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